Adult Support and Protection (Scotland) Act 2007: updated Code of Practice and Guidance for Adult Protection Committees

Aberdeen Adult Protection Committee and Health and Social Care Partnership welcome the opportunity to comment on proposed revisions to the Code of Practice and the Guidance for APCs, and on the whole would endorse the changes and direction of travel, as bringing additional clarity to both documents. We have a small number of comments, below.
In relation to 1a), it might be helpful if slightly more emphasis was required around when we think an adult is ‘unwilling’ i.e., not wanting to do something or refusing to do it (as defined in the Oxford English Dictionary). This can be as a direct result of trauma, including adverse childhood experiences, which can affect both physical and mental health that makes the adult feel more stressed or anxious, which might make it even harder for them to cope with making decisions that enable them to protect themselves e.g., self-neglect and hoarding.
In relation to 1b), it is suggested that key staff responsible for the support & protection of adults must be mindful of:
1. the definition of capacity - capacity means the ability to use and understand information to decide, and communicate any decision made.
2. how capacity is assessed - as capacity can sometimes change over time, it should be assessed at the time that consent is required. Hence the need for timely capacity assessments.
3. all adults are presumed to have sufficient capacity to make decisions unless there is significant evidence to suggest otherwise.
4. if someone decides about treatment that other people would consider to be irrational (e.g., a person refuses to have a blood transfusion because it is against their religious beliefs) it does not necessarily mean they have a lack of capacity, if they understand the reality of their situation.
5. adult support and protection applies to those with or without mental capacity.
In relation to 3b), paragraph 23, it is suggested that the following wording (highlighted in yellow) be added: An IRD is a professional discussion held with relevant representatives from social work, health, police and any other agency with knowledge of the adult at risk of harm [and happens when a notification of concern is raised with one of the key agencies]. The sharing of information and planning of approaches can be conducted by phone or in person.

In relation to paragraph 46: There is an incorrect reference to ‘child protection’, rather than ‘adult protection’